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United States v. Colorado Springs, City of

Citation: 9 ELR 20145
No. No. 78-F-589, 455 F. Supp. 1364/12 ERC 1329/(D. Colo., 02/23/1979)

The court denies a motion to dismiss a suit by the United States seeking civil penalties and an injunction against further waste water discharges from defendant's sewage treatment plant in violation of its national pollutant discharge elimination system (NPDES) permit. The court rejects defendant's contention that once authority to administer the NPDES permit program has been delegated to the state, federal enforcement can proceed only after both the violator and the state have been notified of the alleged violation. The Act provides for alternative methods of enforcement following delegation of NPDES permit authority to a state: the Administrator of the Environmental Protection Agency may notify the violator and the state and leave appropriate enforcement action to the state in the first instance, or he may proceed unilaterally to issue an administrative compliance order or, as here, to initiate a civil suit.

Counsel for Plaintiff
C. Scott Crabtree, Ass't U.S. Attorney
Room C-330, U.S. Courthouse, 1929 Stout St., Denver CO 80294
(303) 837-2081

Counsel for Defendant
Henry W. Ipsen
Yegge, Hall & Evans
2900 Energy Center One, 717 17th St., Denver CO 80202
(303) 573-5022